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HomeMy WebLinkAboutAgenda Report - November 4, 2020 C-12AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Agreement With Adventist Health Lodi Memorial for Occupational Medical Services Effective September 1, 2020 to November 7, 2025 and Further Authorize the City Manager to Execute Agreement MEETING DATE: November 4, 2020 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolution approving agreement with Adventist Health Lodi Memorial for occupational medical services effective September 1, 2020 to November 7, 2025 and Further Authorize the City Manager to execute agreement. BACKGROUND INFORMATION: The City of Lodi contracts with Adventist Health Lodi Memorial for occupational medical services such as drug screening, audio testing, pre-employment physicals, immunization (includes TB testing), DOT physicals, respirator questionnaire, fit testing, fit for duty, pulmonary function test (PFT), EKG, breath alcohol testing (BAT), as well as laboratory, radiology and therapy services. The term of this agreement shall begin September 1, 2020 and continue in effect until November 7, 2025. The City may terminate this agreement by providing Adventist Health with 30 calendar days' prior written notice. FISCAL IMPACT: Annual cost of approximately $12,000 FUNDING AVAILABLE: Included in Benefits Fund appropriations (65522000). Adele Post, Human Resources Manager 00 �,J r xv�pj Andrew Keys, Deputy City Manager/Internal Services Director APPROVED: Stephen �iw bauer, City Manager AGREEMENT TO PROVIDE OCCUPATIONAL HEALTH SCREENING SERVICES This Screening Services Agreement ("Agreement") is made and entered into this l day of 2020 (he "Effective Bate") by and between Lodi Memorial Hospital Association, Inc, d/b/a Adventist Health Lodi Memorial ("AHLM") and I. PURPOSE AHLM will provide occupation medicine services, laboratory services and therapy services as specified herein for City of Lodi II. TERMS AHLM will provide occupation medicine services, laboratory services and therapy services as specified herein Beginning `71i/2wo to 1 i/11702s and it will continue until the agreement is terminated by either party in writing in accordance with Section VII, Occupational Medicine Services: Drug screening, audio testing, pre-employment physicals, immunization (includes TB testing), DOT physicals, respirator questionnaire, fit testing, fit for duty, pulmonary function test (PFT), EKG, breath alcohol testing (BAT) Laboratary Services: Lab work per required services Radiology Services: X-ray Therapy Services: Back screen (lift testing) or Placement Assessment Testing (PAT) III. BILLING The occupation medicine services, laboratory services and therapy services as specified herein will be charged at the current Medicare rate. Notice of price changes will be sent in writing at least 30 days prior to the change. Each month in which services are provided a billing will be prepared listing the patient names, service description, and charges. Payment of invoices is due within thirty (30) days of receipt. Invoices that are not paid in a timely manner as provided above will incur interest at the rate of 1 percent per month. IV. MEDICAL PROFESSIONAL SERVICES AHLM will provide services under this Agreement through its staff within the scope of their licensure as governed by the laws In the State of California. V. MALPRACTICE INSURANCE AHLM will carry appropriate malpractice insurance coverage. VI. INDEMNIFICATON City of Lodi and AHLM each agree to indemnify and hold the other harmless from all third party claims, liabilities, damages, or judgments (including attorney's fees and legal costs) to the extent arising from the negligence or willful misconduct of the indemnifying party in connection with its performance of its duties under this Agreement, VII. TERMINATION This Agreement may be terminated at any time without cause or penalty by either party upon providing the other party with at least thirty (30) days' written notice of termination. This Agreement may also be terminated with cause by either party upon providing the other party with at least thirty (30) days' prior written notice provided that the cause giving rise to such notice is not cured to the terminating party's reasonable satisfaction during such thirty -day notice period. Cause is defined as a material breach of this Agreement. VIII. ARBITRATION City of Lodi and AHLM agree that any controversy orclaim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the rules then available from JAMS/Endispute, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. City of Lodi and AHLM shall bear its own respective costs necessarily ed incurred In the arbitration procures. Said parties shall each bear the cost of one-half (1/2) of the arbitrator's fees in connection with arbitration hearing. IX. MODIFICATION OFAGREEMENT This Agreement contains the entire understanding of the parties and shall be modified only by an instrument in writing signed on behalf of each party hereto. X. GOVERNING LAW This Agreement is made in the State of California and shall be construed, interpreted and governed by the laws of this State, Adventist Health Lodi Memorial ByAell QrIgbb u Title: Director of Clinic Operations Date Client Signature Title: Date Approved as to Form: Janice D. Magdich JANICt b. KiGDfCHi City Attorney EXHIBIT A SCOPE OF SERVICES Adventist Health will provide occupation medicine services, laboratory services and therapy services. Occupational Medicine Services: Drug screening, audio testing, pre-employment physicals, immunization (includes TB testing), DOT physical, respirator questionnaire, fit testing, fit for duty, pulmonary function test (PFT), EKG, breath alcohol testing (BAT) Laboratory Services: Lab work per required services Radiology Services: X-ray Therapy Services: Back screen (lift testing or Placement Assessment Testing (PAT) AdventstHedahle, EXHIBIT B Lodi Memorial Occupational Health 800 S Lower Sacramento Rd Lodi, Ca 95242 Phone: (209) 339-7441 Fax: (209) 339-7483 DRUG SCREEN $ 25.00 DRUG SCREEN COLLECTION ONLY $ 23.00 DOT/DMV PHYSICAL $ 80.00 PRE-EMPLOYMENT PHYSICAL $ 68.00 FIT FOR DUTY EXAM $ 58.00 AUDIOMETRIC EXAM $ 46.00 BREATH ALCOHOL $ 31.00 RESPIRATOR QUES/CLEARANCE ONLY $ 30.00 FIT REST INCLUDING RESPIRATOR QUES $ 35.00 PULMONARY FUNCTION TEST $ 63.00 ***NOT TO EXCEED $12,000 ANNUALLY*** RESOLUTION NO. 2020-251 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE AGREEMENT WITH ADVENTIST HEALTH LODI MEMORIAL FOR OCCUPATIONAL MEDICAL SERVICES; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Lodi City Council utilizes Adventist Health Lodi Memorial for occupational medical services; and WHEREAS, staff recommends that the City Council approve the agreement with Adventist Health Lodi Memorial; and WHEREAS, staff further recommends that the City Council authorize the City Manager to execute the Agreement on behalf of the City of Lodi. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the agreement for occupational medical services with Adventist Health Lodi Memorial; and BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the Agreement with Adventist Health Lodi Memorial on behalf of the City of Lodi; and BE IT FURTHER RESOLVED that the term of the Agreement shall be effective September 1, 2020 through November 7, 2025, and this Agreement may be terminated at any time without cause or penalty by either party upon providing the other party with at least thirty (30) days' written notice of termination; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -reference document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: November 4, 2020 I hereby certify that Resolution No. 2020-251 was passed and adopted by the Lodi City Council in a regular meeting held November 4, 2020 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None JENNIFECUSMIR City Clerk 2020-251